#THE CENSUS ACT, 1948 
_________ 

##ARRANGEMENT OF SECTIONS 
_________ 

SECTIONS 

1. Short title and extent. 
2. Definitions. 
2A. [Omitted]. 
3. Central Government to take census. 
4. Appointment of census staff. 
4A. Staff of every local authority to be made available for taking census. 
5. Status of census authorities as public servants. 
6. Discharge of duties of census-officers in certain cases. 
7. Power to call upon certain persons to give assistance. 
7A. Requisitioning premises, of vehicles, etc., for taking of a census. 
7B. Payment of compensation. 
7C. Power to obtain information. 
7D. Power of entry into and inspection of premises, etc. 
7E. Eviction from requisitioned premises. 
7F. Release of premises from requisition. 
7G. Delegation of functions of the Central Government with regard to requisitioning. 
7H. Penalty for contravention of any order regarding requisitioning. 
8. Asking of questions and obligation to answer. 
9. Occupier to permit access and affixing of numbers. 
10. Occupier or manager to fill up schedule. 
11. Penalties. 
12. Sanction required for prosecutions. 
13. Operation of other laws not barred. 
13A. Certain offences to be cognizable and triable summarily. 
14. Jurisdiction. 
15. Records of census not open to inspection of admissible in evidence. 
15A. Protection of service interests of members of census staff. 
15B. Protection of action taken in good faith. 
16. Temporary suspension of other laws as to mode of taking census in   municipalities. 
17. Grant of statistical abstracts. 
17A. Power to extend the provisions of Act to other operations. 
18. Power to make rules. 

 
 
#THE CENSUS ACT, 1948 

##ACT NO. 37 OF 1948

[3rd September, 1948.] 

An Act to provide for certain matters in connection with the taking of census. 

  WHEREAS  it  is  expedient  to  provide  for  the  taking  of  census  in India or any part  thereof 
whenever necessary or desirable and to provide for certain matters in connection with the taking of such 
census; 

It is hereby enacted as follows:— 

1. **Short title and extent.**— (1) This Act may be called the Census Act, 1948. 

(2) It extends to the whole of India.

2. **Definitions.**— In this Act, unless the context otherwise requires, — 

  (a) “premises” means any land, building or part of a building and includes a hut, shed or other 
structure or any part thereof; 

  (b) “prescribed” means prescribed by rules made under this Act; 

  (c) “vehicle” means any vehicle used or capable of being used for the purpose of road transport, 
whether propelled by mechanical power or otherwise. 

2A. *[Rule of construction respecting enactments not extending to Jammu and Kashmir.] Omitted by 
the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. 
S.O. 1123(E) dated* (18-3-2020) and  vide  Union  Territory  of  Ladakh  Reorganisation  (Adaptation  of 
Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

3. **Central Government to take census.**—The  Central  Government  may,  by  notification  in  the 
Official Gazette, declare its intention of taking a census in the whole or any part of the territories to which 
this Act extends, whenever it may consider it necessary or desirable so to do, and there upon the census 
shall be taken. 

4. **Appointment of census staff.**—(1) The Central Government may appoint a Census Commissioner 
to  supervise  the  taking  of  the  census  throughout  the  area  in  which  the  census  is  intended  to  be  taken, 
and Directors of Census Operations to supervise the taking of the census within the several States. 

(2) The  State  Government  may  appoint  persons  as  census-officers with such designations as  that 
Government may deem necessary to  take,  or  aid  in  or  supervise  the  taking  of,  the  census  within  any 
specified local area and such persons, when so appointed, shall be bound to serve accordingly. 

(3)  A  declaration  in  writing,  signed  by  any  authority  authorised  by  the  State  Government  in  this 
behalf,  that  any  person  has  been  duly  appointed  a  census-officer  for  any  local area  shall  be  conclusive 
proof of such appointment. 

(4) The  State  Government  may  delegate  to  such  authority  as  it  thinks  fit  the  power  of  appointing 
census-officers conferred by sub-section (2). 

4A. **Staff  of  every  local  authority  to  he  made  available  for  taking  census.**—Every local 
authority  in  a  State  shall,  when  so  directed  by  a  written  order  by  the  Central  Government  or  by  an 
authority  appointed  by  that  Government  in  this  behalf,  make  available  to  any  Director  of  Census 
Operations such staff as may be necessary for the performance of any duties in connection with the taking 
of census.

5. **Status  of  census  authorities  as  public  servants.**—The Census Commissioner, all Directors of 
Census Operations and all census-officers shall be deemed to be public servants within the meaning of 
the Indian Penal Code (45 of 1860). 

6. **Discharge of duties of census-officers in certain cases.**—(1) Where the District Magistrate, or 
such authority as the State Government may appoint in this behalf, by a written order so directs— 

  (a) every officer in command of any body of men belonging to the naval, military or air forces, or 
of any vessel of war, of India, 

  (b) every person (except a pilot or harbourmaster) having charge or control of a vessel, 

  (c) every person in charge of a lunatic asylum, hospital, workhouse, prison, reformatory or lock-
up or of any public, charitable, religious or educational institution, 

  (d) every  keeper,  secretary  or  manager  of  any  sarai,  hotel,  boarding-house,  lodging-house, 
immigration depot or club, 

  (e) every manager or officer of a railway or any commercial or industrial establishment, and 

  (f) every occupant of immovable property wherein at the time of the taking of the census persons 
are living 

shall perform such of the duties of a census-officer in relation to the persons who at the time of the taking 
of the census are under his command or charge, or are inmates of his house, or are present on or in such 
immovable property or are employed under him as may be specified in the order. 

(2)  All  the  provisions  of  this  Act  relating  to  census-officers  shall  apply,  so  far  as  may  be,  to  all 
persons while performing such duties under this section, and any person refusing or neglecting to perform 
any duty which under this section he is directed to perform shall be deemed to have committed an offence 
under section 187 of the Indian Penal Code (45 of 1860). 

7. **Power to call upon certain persons to give assistance.**—The  District  Magistrate,  or  such 
authority  as the  State  Government  may  appoint in this  behalf  for  any  local area,  may,  by  written  order 
which shall have effect throughout the extent of his district or of such local area, as the case may be, call 
upon— 

  (a) all owners and occupiers of land, tenure-holders, and farmers and assignees of land revenue, 
or their agents, 

  (b) all members of the district, municipal, panchayat and other local authorities and  officers and 
servants of such authorities, and 

  (c) all officers and members of staff of any factory, firm or establishment, 

to give such assistance as shall be specified in the order towards the taking of a census of the persons who 
are, at the time of the taking of the census, on the lands of such owners, occupiers, tenure-holders, farmers 
and  assignees,  or  in  the  premises  of  factories,  firms  and  other  establishments,  or  within  the  areas  for 
which such local authorities are established, as the case may be, and the persons to whom an order under 
this section is directed shall be bound to obey it and shall, while acting in pursuance of such order, be 
deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 

7A. **Requisitioning  premises,  of  vehicles,  etc.  for  taking  of  a  census.**— (1) If it appears to the 
Central Government that, in connection with taking of a census, — 

  (a) any premises are needed or are likely to be needed, or 

  (b) any vehicle, vessel or animal is needed or is likely to be needed, 

that Government may by order in writing requisition such premises, or vehicle, vessel or animal, as the 
case may be, and make such further orders as may appear to it to be necessary or expedient in connection 
with the requisitioning. 

(2) The  requisition  shall  be  effected  by  an  order  in writing  addressed  to  the  person  deemed  by  the 
Central  Government  to  be  the  owner  or  person  in  possession  of  the  property,  and  such  order  shall  be 
served in the prescribed manner on the person to whom it is addressed. 

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall 
not extend beyond the period for which such property is required for any of the purposes mentioned in 
that sub-section. 

7B. **Payment of compensation.**—(1) Whenever in pursuance of section 7A the Central Government 
requisitions any premises, there shall be paid to the persons interested compensation the amount of which 
shall be determined by taking into consideration the following, namely:— 

  (i) The  rent  payable  in  respect  of  the  premises  or  if  no  rent is  so  payable,  the rent  payable  for 
similar premises in the locality; 

  (ii) If  in  consequence  of  the  requisition  of  the  premises  the  person  interested  is  compelled  to 
change his residence or place of business, the reasonable expenses (if any) incidental to such chance: 

  Provided  that  where  any  person  interested  being  aggrieved  by  the  amount  of  compensation  so 
determined makes an application within the prescribed time to the Central Government for referring the 
matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in 
this behalf by the Central Government may determine: 

  Provided further that where there is any dispute as to the title to receive the compensation or as to the 
apportionment  of  the  amount  of  compensation,  it  shall  be  referred  by  the  Central  Government  to  an 
arbitrator  appointed  in  this  behalf  by  that  Government  for  determination,  and  shall  be  determined  in 
accordance with the decision of such arbitrator. 

*Explanation.*—In this sub-section, the expression  “person  interested” means the person who was in 
actual possession of the premises requisitioned under  section 7A immediately before the requisition, or 
where no person was in such actual possession, the owner of such premises. 

(2) Whenever in pursuance of section 7A of the Central Government requisitions any vehicle, vessel, 
or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined 
by the Central Government on the basis of the fares or rates prevailing in the locality for the hire of such 
vehicle, vessel or animal: 

  Provided that where the owner of such vehicle, vessel, or animal being aggrieved by the amount of 
compensation so determined makes an application within the prescribed time to the Central Government 
for  referring  the  matter  to  an  arbitrator,  the  amount  of  compensation  to  be  paid  shall  be  such  as  the 
arbitrator appointed in this behalf by the Central Government may determine: 

  Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue 
of a hire-purchase agreement in the possession of a person other than the owner, the amount determined 
under this sub-section as the total compensation payable in respect of the requisition shall be apportioned 
between that person and the owner in such manner as they may agree upon, and in default of agreement, 
in such manner as an arbitrator appointed by the Central Government in this behalf may decide. 

7C. **Power to obtain information.**—The Central Government may, with a view to requisitioning any 
property under section 7A or determining the compensation payable under section 7B, by order, require 
any person to furnish to such authority as may be specified in the order such information in his possession 
relating to such property as may be so specified. 

7D. **Power of entry into and inspection of premises, etc.**—Any person authorised in this behalf by 
the Central Government may enter into any premises and inspect such premises and any vehicle, vessel or 
animal  therein  for  the  purpose  of  determining  whether,  and  if  so  in  what  manner,  an  order  under 
section  7A  should  be  made  in  relation  to  such  premises,  vehicle,  vessel  or  animal  or  with  a  view  to 
securing compliance with any order made under that section. 

7E. **Eviction from requisitioned premises.**—(1)  Any  person  remaining  in  possession  of  any 
requisitioned premises in contravention of any order made under section 7A may be summarily evicted 
from the premises by any officer empowered by the Central Government in this behalf. 

(2)  Any  officer  so  empowered  may,  after  giving  to  any  woman  not  appearing  in  public  reasonable 
warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building 
or do any other act necessary for effecting such eviction. 

7F. **Release of premises from requisition.**—(1) When any premises requisitioned under section 7A 
are  to  be  released  from  requisition,  the  possession  thereof  shall  be  delivered  to  the  person  from  whom 
possession thereof shall be delivered to the person from whom possession was taken at the time when the 
premises  were  requisitioned,  or  if  there  were  no  such  person,  to  the  person  deemed  by  the  Central 
Government to be the owner of such premises, and such delivery of possession shall be a full discharge of 
the Central Government from all liabilities in respect of such delivery, but shall not prejudice any rights 
in  respect  of  the  premises  which  any  other  person  may  be  entitled  by  due  process  of  law  to  enforce 
against the person to whom possession of the premises is so delivered. 

(2) Where  the  person  to  whom  possession  of  any  premises  requisitioned  under  section  7A  is  to  be 
given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other 
person empowered to accept delivery on his behalf, the Central Government shall cause a notice declaring 
that such premises are released from requisition to be affixed on some conspicuous part of such premises 
and publish the notice in the Official Gazette. 

(3) When  a  notice  referred  to  in  sub-section  (2)  is  published  in  the  Official  Gazette,  the  premises 
specified in such notice shall cease to be subject to requisition on and from the date of such publication 
and  be  deemed  to  have  been  delivered  to  the  person  entitled  to  possession  thereof,  and  the  Central 
Government shall not be liable for any compensation or other claim in respect of such premises for any 
period after the said date. 

7G. **Delegation  of  functions  of  the  Central  Government  with  regard  to  requisitioning.**—The 
Central Government may, by notification in the Official Gazette, direct that any powers conferred or any 
duty  imposed  on  that  Government  by  any  of  the  provisions  of  sections  7A  to  7F  shall,  under  such 
conditions, if any, as may be specified in the direction, be exercised or discharged by such officer as may 
be specified. 

7H. **Penalty for contravention of any order regarding requisitioning.**—If any person contravenes 
any  order  made  under  section  7A  or  section  7C,  he  shall  be  punishable  with  imprisonment  for  a  term 
which may extend to one year or with fine or with both.

8. **Asking of questions and obligation to answer.**—(1) A census officer may ask all such questions 
of all persons within the limits of the local area for which he is appointed as, by instructions issued in this 
behalf by the Central Government and published in the Official Gazette, he may be directed to ask. 

(2) Every  person  of  whom  any  question  is  asked  under  sub-section  (1)  shall  be  legally  bound  to 
answer such question to the best of his knowledge or belief: 

  Provided that no person shall be bound to state the name of any female member of his household, and 
no woman shall be bound to stale the name of her husband or deceased husband or of any other person 
whose name she is forbidden by custom to mention. 

9. **Occupier  to  permit  access  and  affirming  of  numbers.**—Every  person  occupying  any  house, 
enclosure, vessel or other place shall allow census-officers such access thereto as they may require for the 
purposes of the census and as, having regard to the customs of the country, may be reasonable, and shall 
allow them to paint on, or affix to, the place such letters, marks or numbers as may be necessary for the 
purposes of the census. 

10. **Occupier  or  manager  to  fill  up  schedule.**—(1)  Subject  to  such  orders  as  the Census 
Commissioner may  issue  in  this  behalf,  a  census-officer  may,  within  the  local  area  for  which  he  is 
appointed, leave or cause to be left a schedule at any dwelling-house or with the manager or any officer of 
any commercial or industrial establishment, for the purpose of its being filled up by the occupiers of such 
house or of any specified part thereof or by such manager or officer with such particulars as the Census 
Commissioner may direct regarding the inmates of such house or part thereof, or the persons employed 
under such manager or officer, as the case may be, at the time of the taking of the census. 

(2) When such schedule has been so left, the said occupier, manager or officer, as the case may be, 
shall fill it up or cause it to be filled up to the best of' his knowledge or belief so far as regards the inmates 
of  such  house  or  part  thereof  or  the  persons  employed  under  him,  as  the  case  may  be,  at  the  time 
aforesaid, and shall sign his name thereto and, when so  required, shall deliver the schedule so filled up 
and signed to the census-officer or to such person as the census-officer may direct. 

11. **Penalties.**—(1) (a)  any  census-officer  or  any  person  lawfully  required  to  give  assistance 
towards the taking of census who refuses to perform any duty imposed upon him by this Act or any rule 
made there under, or any person who hinders or obstructs another person in performing any such duty, or 

  (aa) any census-officer or any person lawfully required to give assistance towards the taking of a 
census  who  neglects  to  use  reasonable  diligence  in  performing  any  duty  imposed  upon  him  or  in 
obeying  any  order  issued  to  him  in  accordance  with  this  Act  or  any  rule  made  there  under,  or  any 
person  who  hinders  or  obstructs  another  person  in  performing  any  such  duty  or  obeying  any  such 
order, or

  (b) any census-officer  who  intentionally  puts  any  offensive  or  improper  question  or  knowingly 
makes  any  false  return  or,  without  the  previous  sanction  of  the  Central  Government  or  the  State 
Government, discloses any information which he has received by means of, or for the purposes of, a 
census return, or 

  (c) any  sorter,  compiler  or  other  member  of the  census  staff  who removes,  secrets,  damages  or 
destroys  any  census  document  or  deals  with  any  census  document  in  a  manner  likely  to  falsify  or 
impair the tabulations of census results, or 

  (ca) any local authority which fails to comply with an order made under section 4A, or

  (d) any person who intentionally gives a false answer to, or refuses to answer to the best of his 
knowledge  or  belief,  any  question  asked  of  him  by  a  census-officer  which  he  is  legally  bound  by 
section 8 to answer, or 

  (e) any  person  occupying  any  house,  enclosure,  vessel  or  other  place  who  refuses  to  allow  a 
census-officer such reasonable access thereto as he is required by section 9 to allow, or 

  (f) any person who removes, obliterates, alters, or damages any letters, marks or numbers which 
have been painted or affixed for the purposes of the census, or 

  (g) any person who, having been required under section 10 to fill up a schedule, knowingly and 
without sufficient cause to comply with the provisions of that section, or makes any false return there 
under, or 

  (h) any person who trespasses into a census office. 

shall be punishable with fine which may extend to one thousand rupees and in case of a conviction under 
part (a), (b) or (c) shall also be punishable with imprisonment which may extend to three years.

(2) Whoever abets any offence under sub-section (1) shall be punishable with fine which may extend 
to one thousand rupees. 

12. **Sanction required for prosecutions.**—  Without prejudice to the provisions of  section 197 of 
the Code of Criminal Procedure, 1973 (2 of 1974), no prosecution under this Act shall be instituted except 
with the previous sanction,— 

  (a) in  the  case  of  a  person  who  is  employed  or  was  at  the  time  of  commission  of  the  alleged 
offence employed— 

     (i) in a company, as defined in section 3 of the Companies Act, 1956 (1 of 1956), in which 
not less than fifty-one per cent. of the paid-up capital is held by the Central Government or any 
company which is a subsidiary thereof within the meaning of that Act, or 

     (ii) by a corporation or a local authority established by or under a Central Act which is owned 
or controlled by the Central Government, 

 of the Central Government or of an authority authorised in this behalf by that Government; and 

  (b) in the case of a person other than referred to in clause (a) of the State Government.

13. **Operation of other laws not barred.**—  Nothing  in  this  Act  shall  be  deemed  to  prevent  any 
person from being prosecuted under any other law for any act or omission which constitutes an offence 
under this Act: 

  Provided that no such prosecution shall be instituted except with the previous sanction referred to in 
section 12. 

13A. **Certain offences to be cognizable and triable summarily.**— (1) Notwithstanding anything 
contained  in  the  Code  of  Criminal  Procedure.  1973  (2  of  1974),  no  police  officer  or  court  shall  take 
cognizance  of  any  offence  under  part  (a),  (b)  or  (c)  of  sub-section  (1)  of  section  11,  except  upon 
information  received  from  or  on  a  complaint  made  by,  as  the  case  may  be,  the  Director  of  Census 
Operations or any officer authorised by him in this behalf. 

(2) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), every 
offence punishable under part (a), (b) or (c) of sub-section (1) of section 11 may be tried summarily.

14. **Jurisdiction.**— No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate 
of the first class, shall try, whether under this Act or under any other law, any act or omission which 
constitutes an offence under this Act. 

15. **Records of census not open to inspection of admissible in evidence.**— No person shall have a 
right to inspect any book, register or record made by a census-officer in the discharge of his duty as such, 
or  any  schedule  delivered  under  section  10  and  notwithstanding  anything  to  the  contrary  in  the  Indian 
Evidence  Act,  1872  (1  of  1872),  no  entry  in  any  such  book,  register,  record  or  schedule  shall  be 
admissible  as  evidence  in  any  civil  proceeding  whatsoever  or  in  any  criminal  proceeding  other  than  a 
prosecution under this Act or any other law for any act or omission which constitutes an offence under 
this Act. 

15A. **Protection of service interests of members of census staff.**— No member of the census staff 
shall suffer any disability in service by reason of his being on census duty and the period spent by him on 
such  census  duty  shall  be  deemed  to  be  the  duty  under  his  lending  employer  and  any  duty  performed 
under this Act shall not in any manner affect the right of promotion or other advancement in his original 
service. 

15B. **Protection of action taken in good faith.**— No suit, prosecution or other legal proceeding shall 
lie against the Census Commissioner or any Director of Census Operations or any census-officer or any 
member of the census staff for anything which is in good faith done or intended to be done under this Act 
or the rules made thereunder.

16. **Temporary suspension  of  other laws  as to  mode  of taking census in 
municipalities.**—Notwithstanding anything in any enactment or rule with respect to the mode in which a 
census is to be taken in any municipality, the municipal authority, in consultation with the Director of 
Census  Operation or  with  such  other  authority  as  the  State  Government  may  authorise  in  this  behalf, 
shall, at the time appointed for the taking of any census cause the census of the municipality to be taken 
wholly or in part by any method authorised by or under this Act. 

17. **Grant of statistical abstracts.**— Subject  to  the  provisions  of  section  15,  the  Census 
Commissioner  or  any  Director  of  Census Operations may,  If  he  so  thinks  fit,  at  the  request  and  cost 
(to be determined by him) of any local authority or person, cause abstracts to be prepared and supplied 
containing  any  such  statistical  information  as  can  be derived  from  the  census  returns  for lndia or any 
State, as the case may be, being information which is not contained in any published report and which in 
his opinion it is reasonable for that authority or person to require. 

17A. **Power to extend the provisions of Act to other operations.**—The Central Government may, 
by  notification  in  the  Official  Gazette,  extend  the  provisions  of  this  Act,  with  such  restrictions  and 
modifications  as  it  thinks  fit,  to  pre-tests,  pilot  studies,  census  of  houses  which  precede  the  population 
count and post enumeration check and evaluation studies or statistical surveys or any other operation as 
may be deemed necessary for the purpose of census.

18. **Power to make rules.**—(1) The Central Government may by notification in the Official 
Gazette Act may make rules for carrying out the purposes of this Act. 

(2) In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  the  Central 
Government may make rules providing for the appointment of census-officers and of persons to the form 
any  of  the  duties  of  census-officers  or  to  give  assistance  towards  the  taking  of  a  census,  and  for  the 
general instructions to be issued to such officers and persons and providing for the manner of service of 
orders regarding  requisitioning  of  premises,  or  vehicle;  vessel or animal  and the  time  within  which the 
application  may  be  made  to  it  by  any  interested  person  aggrieved  by  the  amount  of  compensation 
determined under section 7B for referring the matter to an arbitrator.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment  shall  be  without  prejudice  to  the  validity  of  anything  previously  done  under  that  rule.